Sureshwar Thakur, J. - (1.)The instant appeal stands directed against the impugned judgment of 24.1.2008 rendered by the learned Special Judge, Kullu, in Sessions trial No. 44/2006, whereby the learned trial Court convicted the appellant (hereinafter punishable under Section 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for shot "the Act") also sentenced him as under:-
" ..the convict is sentenced to six years rigorous imprisonment and to pay a fine of Rs.60,000/-. In default of payment of fine, he shall suffer simple imprisonment for six months."

(2.)The prosecution case in brief is that on 27.10.2005 a police party headed by ASI Gian Chand proceeded for patrolling and laid a Naka from PP Bhunter towards Bajaura in an official vehicle bearing No. HP-34A-0162 which was being driven by C Pitamber Lal, vide daily diary report Ex.PW-2/A. When the aforesaid police party was present at Bajaura Bridge, then at around 9.15 p.m. they spotted one person carrying a rucksack on his shoulder coming from Hurla Side, who on seeing the police party took U-turn and tried to flee away, which raised suspicion and therefore he was over powered by ASI Gian Chand with the help of other police staff assisting him. On enquires about his antecedents, he disclosed his name to be Lal Chand. The IO first offered his search to the accused and thereafter search of the bag of the accused was conducted. During search of the bag, one polythene bag containing charas in the shape of rounds and chocolates was recovered, which was found to be kept in small packets. On weighment of the same, the same was found to be 2.000 kgs. Thereafter two samples each weighing 25 grams were drawn from the recovered charas and the remaining bulk of charas was sealed into separate parcel. All three parcels were sealed with six seals of seal H. The seal impression of seal Ex.PW- 6/A was drawn on a separate piece of cloth. The Investigating Officer also filled in column No.1 to 8 of NCB form Ex.PW-3/D. The seal after use was entrusted to HC Bhagat Ram. The case property thereafter was taken into possession vide recovery memo Ex.PW-6/B. Thereafter rukka Ex.PW-5/A was prepared. Site Plan Ex.PW-6/C was prepared. FIR Ex.PW-5/B was came to be registered. On 28.10.2005 at about 12.15 mid night ASI Gian Chand produced the accused and three parcels duly sealed with seal H containing the case property alongwith NCB form in triplicate, sample of seal H before SI Mohinder Kumar. All the three parcels were then resealed by SI Mohinder Kumar with three seals of seal T each and he also filled in columns No. 9 to 11 of NCB form Ex.PW-3/D. Facsimile of seal-T Ex.PW-5/C was also taken. The case property was handed over by him to MHC Roop Singh, who entered the case property in the Malkhana register, the abstract of entry is Ex.PW-3/A.
One sample parcel duly sealed with seal H and seal T alongwith NCB form in triplicate and samples of seal H and T as well as other concerned documents were handed over by MHC Roop Singh to HHC Jai Kishan for carrying the same to CFSL, Chandigarh. CFSL Chandigarh refused to accept the same on account of heavy pendency of work and shortage of staff. Thereafter HHC Jai Kishan returned the parcel alongwith NCB form, sample seals and other articles to MHC Roop Singh on his return. Thereafter the parcel alongwith sample seals of H and T and other documents were sent by MHC Roop Singh to CTL, Kandaghat. Special report Ex.PW-1/C was prepared and handed over to the then Dy.S.P, who handed over the same to his reader Kashmi Ram on 28.10.2005 for making entries in the special report register after putting his endorsement Ex. PW-1/A.

The report of FSL concerned was also obtained. On completion of all codal formalities and on conclusion of the investigation into the offence, allegedly committed by the accused challan was prepared and filed in the Court.

(3.)The accused stood charged by the learned trial Court for his committing an offence punishable under Section 20 of the Act to which he pleaded not guilty and claimed trial.